6 Ways to Reduce Fire Safety Hazards in BESS
January 02, 2024 —
The Hartford Staff - The Hartford InsightsRenewable energy sources, such as solar and wind, are projected to generate 44% of all power in the U.S. by 2050, which is increasing the need for battery energy storage systems (BESS).1
BESS are electrochemical devices that collect energy from a power grid, power plant or renewable source, hold it, and then discharge that energy later to provide electricity on demand.
“A BESS does not itself create or produce energy, it is a storage system. The energy is produced by other means, including different types of renewable sources. Think of a cellphone – you charge it overnight and then it runs throughout the day off that battery power,” says Stacie Prescott, head of energy for middle and large commercial at The Hartford.
Read the full story...Reprinted courtesy of
The Hartford Staff, The Hartford Insights
DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations
March 25, 2024 —
Amanda G. Halter, Jillian Marullo & Ashleigh Myers - Gravel2Gavel Construction & Real Estate Law BlogThe U.S. Department of the Interior (DOI) published a
proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA). (The comment deadline was later
extended.) The revisions,
first previewed in a January 2023 Advanced Notice of Proposed Rulemaking (ANPR), are intended to fulfill “the original statutory purpose of providing a streamlined and simplified assessment process” with the overarching goal of facilitating settlements and expediting restoration efforts following injury resulting from pollution in a broader range of cases.
The NRDA regulations provide two paths to assessing natural resource damages (NRD): (1) the more complex, site-specific Type B procedures for detailed NRDAs and (2) what is intended to be the standard, simplified Type A assessment procedures requiring minimal field observation. Particularly, the Type A process is reserved for two specific aquatic environments (coastal and marine areas or Great Lakes environments) when a relatively minor release of a single hazardous substance occurs, resulting in a smaller scale and scope of natural resource injury, and the rebuttal presumption for the Type A procedure is limited to damages of $100,000 or less under the current version of the rule.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Jillian Marullo, Pillsbury and
Ashleigh Myers, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Read the full story...
Risky Business: Contractual Versus Equitable Rights of Subrogation
December 16, 2023 —
Kyle Rice - The Subrogation StrategistIn Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner.
Read the full story...Reprinted courtesy of
Kyle Rice, White and WilliamsMr. Rice may be contacted at
ricek@whiteandwilliams.com
Aecmaster’s Digital Twin: A New Era for Building Design
May 06, 2024 —
Aarni Heiskanen - AEC BusinessI sat down with Anssi Auvinen, the CEO and founder of Finnish startup Aecmaster, to discuss the future of design and how the company plans to make it happen. Anssi envisions data-driven design as the next radical change in the AEC sector.
Anssi Auvinen started working in the building industry as a 16-year-old construction worker. Since then, he has acquired two master’s degrees: structural engineering and architecture.
During his career, Anssi has witnessed how the digitalization of the design sector has progressed, but the results for both designers and building owners could have been more impressive. That inspired him in 2019 to start up
Aecmaster, a software and consulting firm that aims to fulfill the promise of digitalization. The company’s software product launched in January 2024.
The need for digital twins
Anssi states that you can’t say you own a building until you possess its digital assets, the digital twin.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Clean Energy and Conservation Collide in California Coastal Waters
March 19, 2024 —
Nadia Lopez & Josh Saul - BloombergTwo of President Joe Biden’s biggest priorities — conservation and the switch to clean energy — are colliding in the ocean off California’s quiet Central Coast.
Located halfway between San Francisco and Los Angeles, Morro Bay boasts a rich ecosystem of fish, otters and migrating whales that the Indigenous Chumash people want to protect with a
new marine sanctuary. But 20 miles (32 kilometers) out, developers plan some of the West Coast’s
first offshore wind farms, where 1,100-foot-tall turbines (335 meters) tethered to the seabed will help California cut its carbon emissions.
One US government agency appears poised to approve the sanctuary. Another
already leased 376 square miles of ocean for wind development, just outside the sanctuary’s boundaries. Now, a fight is brewing over whether the scenic bay itself should be left out of the sanctuary, to give undersea power cables from the wind farms a place to come onshore.
Reprinted courtesy of
Nadia Lopez, Bloomberg and
Josh Saul, Bloomberg Read the full story...
Real Estate & Construction News Roundup (3/20/24) – Construction Backlog Falls, National Association of Realtors Settle Litigation, and Commercial Real Estate Market’s Effect on City Cuts
April 15, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, bad loans outweigh loss reserves at top six U.S. banks, the FCC announces a proposed rule aimed at “bulk billing,” office-to-multifamily conversion projects grow in major metro cities, and more!
- The National Association of Realtors has agreed to settle litigation that accused them of artificially inflating real estate commissions – a major decision that could reshape the housing market for buyers, sellers and agents. (Rachel Siegel, The Washington Post)
- An NYU professor considers the positives and negatives of cities cutting services or raising other kinds of taxes to offset the continued faltering of the commercial real estate market. (Alan Rappeport, The New York Times)
- Construction backlog fell in February for every size of contractor except for those with under $30 million in annual revenue, while, over the past year, the largest contractors – those with greater than $50 million in revenue – have experienced the greatest decline in backlog. (Sebastian Obando, Construction Dive).
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Empowering Success: The Advantages of Female Attorneys in Construction Defect Law
December 11, 2023 —
Alexa Stephenson, Hoosai Kabiri & Ivette Kincaid - Kahana FeldPer the most recent U.S. Census records, women make up 50.4% of the U.S. population. It should come as no surprise then that women currently outnumber men in U.S. law schools. Nevertheless, as of 2022, only 38% of attorneys, 30% of federal judges, 22% of equity partners, and 12% of managing partners nationwide are comprised of women. While great strides have been made in the last century to increase gender equality in the legal field, there is undoubtedly still a long way to go.
Studies have shown that women in the workforce lead to a number of benefits not only to the business itself, but to a business’ employees and culture. In the realm of construction defect law in particular, the presence and contributions of female attorneys have become increasingly impactful and essential. As the legal landscape evolves, the benefits of having female attorneys practicing in this specialized field are becoming more evident, offering a range of advantages that contribute to a more diverse, comprehensive, and successful legal environment. These advantages include:
1. Diverse Perspectives: Female attorneys bring a unique perspective to the practice of construction defect law, enriching the field with their insights and experiences. Their diverse backgrounds and viewpoints can lead to innovative strategies and fresh approaches when tackling complex legal issues.
Reprinted courtesy of
Alexa Stephenson, Kahana Feld,
Hoosai Kabiri, Kahana Feld and
Ivette Kincaid, Ka
Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public ViewMDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key IssuesTrump Soho May Abandon Condos to Operate Mainly as HotelCandlebrook Adds Dormitories With $230 Million PurchaseWashington Court of Appeals Divisions Clash Over Interpretations of the Statute of ReposeEnglish v. RKK. . . The Saga ContinuesAI Systems and the Real Estate IndustryASCE Statement on Biden Administration Permitting Action PlanThe Miller Act ExplainedAI – A Designer’s Assistant or a Replacement?Musings: Moving or Going into a New Service Area, There is More to It Than Just…UK Construction Defect Suit Lost over One WordWater Damage Sub-Limit Includes Tear-Out CostsIs The Enforceability Of A No-Damage-For-Delay Provision Inappropriate For Summary JudgmentVincent Alexander Named to Florida Trend’s Legal ElitePartner Denis Moriarty and Of Counsel William Baumgaertner Listed in The Best Lawyers in America© 2017ASCE Statement On House Passage Of The Precip ActRe-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to ContractingNailing Social Media: The Key to Generating Leads for Construction CompaniesWonder How 2021 May Differ From 2020? Federal Data Privacy May Be Enacted - Be PreparedHunton Insurance Partner Syed Ahmad Serves as Chair of the ABA Minority Trial Lawyer Committee’s Programming SubcommitteeTraub Lieberman Team Obtains Summary Judgment in Favor of Client Under Florida’s Newly Implemented Summary Judgment StandardConstruction Attorneys Tell DBR that Business is on the RiseRio Olympic Infrastructure Costs of $2.3 Billion Are Set to RiseHaight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best LawyersUS Supreme Court Orders All Mountain Valley Gas Line Work to ProceedGreystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction DefectsNegligence of Property AppraiserThird Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship CoverageGeorgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" LanguageBefore and After the Storm: Know Your Insurance Rights, Coverages and ObligationsRegister and Watch Partner John Toohey Present on the CLM Webinar Series!Client Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation MeetingsEmployee Exclusion Bars Coverage for Wrongful Death of Subcontractor's EmployeeConsidering Stormwater ManagementIndustry Practices Questioned After Girder Fractures at Salesforce Transit CenterDefect Claims Called “Witch Hunt”Schools Remain Top Priority in Carolinas as Cleanup From Storms ContinuesIllinois Court of Appeals Addresses What It Means to “Reside” in Property for Purposes of CoverageSouth Caroline Holds Actual Cash Value Can Include Depreciation of Labor CostsChecking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is HereLuxury-Apartment Boom Favors D.C.’s Millennial Renters10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind ofConstruction Defect Fund Approved for Bankrupt Las Vegas BuilderWhat Contractors Can Do to Address Rising Material CostsLarge Canada Employers and Jobsites Mandate COVID-19 VaccinesArbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively UnconscionableEven Fraud in the Inducement is Tough in ConstructionCybersecurity on Your Project: Why Not Follow National Security Strategy?">McDermott International and BP Team Arbitrate $535M LNG Site Dispute
Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition Despite Construction Gains, Cement Maker Sees LossCalifornia Imposes New Disabled Access Obligations on Commercial Property OwnersCuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?Construction Defect Suit Can Continue Against PlumberCoronavirus and Contract ObligationsVenue for Suing Public Payment BondWill There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session? Business Risk Exclusions Do Not Preclude CoverageWhen Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction Toll Plans to Boost New York Sales With Pricing, IncentivesThe G2G Year in Review: 2021Idaho Supreme Court Address Water Exclusion in Commercial Property ExclusionCan Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident? 
